Disposition Correct Reason Wrong
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
17584_silver_bracelets_lydia · EVIDENCE · Choice AOverrule the objection, because the judge has determined that Lydia knowingly possessed the stolen bracelets.
Why it's attractive
Stem says 'may, but need not' — this is the opposite of 'the judge has determined.' The instruction gives the jury permission to draw an inference; it does not make a finding. Choice A reverses the direction of the instruction.
Why it's wrong
Stem says 'may, but need not' — this is the opposite of 'the judge has determined.' The instruction gives the jury permission to draw an inference; it does not make a finding. Choice A reverses the direction of the instruction.
17584_silver_bracelets_lydia · EVIDENCE · Choice BSustain the objection, because the prosecutor must establish knowledge through direct evidence.
Why it's attractive
No rule requires direct evidence to prove knowledge. Circumstantial evidence is always available for mental states. This is an invented absolute requirement.
Why it's wrong
No rule requires direct evidence to prove knowledge. Circumstantial evidence is always available for mental states. This is an invented absolute requirement.
17584_silver_bracelets_lydia · EVIDENCE · Choice CSustain the objection, because only the jury may determine whether Lydia's possession was recent.
Why it's attractive
The instruction says nothing about who determines whether possession was recent — the government already proved recent possession. The instruction operates only on the inference from that established fact. C addresses a question nobody asked.
Why it's wrong
The instruction says nothing about who determines whether possession was recent — the government already proved recent possession. The instruction operates only on the inference from that established fact. C addresses a question nobody asked.
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